St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22


map or plat of the survey. and Sport Of all
estimates required of said viewers as basis of
their report to be made to the board of drainage
COM mlssioners as herein provided.
Sec. IL. The said viewers, while such survey
and plat are being made, OF after the same have
been completed, shall have power to change the
boundaries OF such proposed Sub-dralnage dis
trict from the boundaries given in the petition,
SO as to include lands not embraced exclude
lands taken into said proposed sub drainage
district, and shall permit additional signatures
90 be made to the petition by any person or Der
sons owning land TO- or owning land desired to
be taken into such proposed su5-drainage dis
trict TO nc end that majority of the owners
the land in the proposed su5-'iIatnage district
as finally to be organized, and who shall be
in area of such laEd shall have signed the pc
tition, which facts said viewers shall find and
put sucb findings in writing, and The same shall
be flied with the clerk who shall enuer the same
in hiS drainage record which finding shall be
conclusive
SEC. 2. If the viewers after examination of
the proposed work and consideration of The re-
port of the engineer shall find in favor of the
proposed work and determine to report in favor
| OF the organization of the proposed sub-drain-
age district they shall together with said engi-
neer make an accurate survey of the proposed
work, and th Y shall cause stakes and monu-
ments, consecutirely numbered, to be set along
the line or lines of the proposed drain or
drains, ditch or bitches. enbankTuent or en-
bankments at each one hundred feet, and they
shall make a computation of the total number
OF cubic wards OF earth 10 be excavaJed and re-
moved from such drain or drains, ditch or
dltches, or the total number OF cubic yards of
earth to be used in raising such embankment or
embellishments, and a detailed estimate of the
cost OF the whole work. They shall accurately
describe. as the same is described upon the
county tax duplicate each parcel OF land
to be assessed for the construction
of the proposed work giving the number of acres
in each tract assessed and The estimated num-
Der OF acres benefited, the amount that each
tract OF and viii be benefited or damaged by
the construction of said work and the amount
that each tract is assessed therefor, and they
shall in tabular form give the depth of the cut
or height Of the embankment, width at the bot
tom and width at the top ut each one hundred
foot STA lie or monument of such drain ditch
embankment, and said viewers shall also ascer-
tain and give The names OF the owners OF the
lands that are assessed for the construction of
such work so far as they can be ascertained upon
reasonable inquiry and search OF The public REG
ords of the county il which such lands are stu
ated.
| SEC. 13 All lands owned by any person or
persons or by any corporation except the State
| of Minnesota or the United States which are
benefited by any of such work shall be assessed
i'll proportion to the benefits for the construc-
| ton thereof whether such work passes through
or is partially located upon said lands nos
and the viewers i'll estimating the benefits to
| lands not traversed by anv DRAIN ditch or en-
| bankment shall not consider what benefits such
lands Will receive after some other drain,
ditch or embankment shall be constructed
but only the benefit that will be re-
! celved by reason OF the drain ditch
embankment then contemplated as it
|
or protection TO the same from overflow: and
any owner of land within the proposed sub
drainage district who signed the petition for the
| organization OF such proposed sub-drain
age district, shall be forever barred from
| obJectine that the lands OF such owner situated
| in such sub drainage district not subject 20
| assessments for benefits as provided in this act
SEC. Il. Whenever any railroad is benefited
| by such drain, ditch or embankment such rail-
road shall be assessed its just proportion of
| benefits the same as lands benefited as
| sessed, which assessments shall be collected
| from the owner OF such railroad in the same
manner as personal property taxes are collected
| be law.
SEC. Is. Whenever any public highway is
| benefited by such drain, ditch embankment
the county or town which is by law charged
with the duty CT keeping such highway in re-
| pair, shall be assessed with the amount Of bene
| hts accruing to such highway by reason OF such
drain ditch or embarrassment and the amount
| thereof shall be collected by q general tax upon
| such town or county by the proper officer and
when collected shall be paid into The treasury of
the drainage district of the ecu nty for the ben
eft OF the sub drainage district to which it be-
longs.
SEC 16 The viewers shall estimate the dam
age to each tract of land, railroad or other prop
| erty over and upon which any portion of any
drain, ditch or embankment may be located and
| the amount of such damages shall be added to
the estimated cost OF the proposed work and be
| included In the assessment TO be made there
for.
SEC. II. The viewers. if they find the line Of
any proposed drain, ditch or embankment is not
such as best to effect the object sought
OIL, OF that tn, the object of the proposed
work can libel effected as well in connec-
tlon with ditch or embankment nee
! essary for the Improvement of any highway
| already established. may proceed to es-
tabilsh the line Of such drain, ditch or
embankment in connection with such
| highway ditch drain embankmenp already
| constructed and make the same part of the
| proposed work, and the county or town which
has, constructed such highway drain, ditch or
| embankment shall be allowed proper credit for
the same in the manner hereinafter provided,
ana IN all cases in which the line of any drain,
ditch or embank1nent is located along any high
way already established, such work shall not be
/ so constructed to interfere with the free
use OF such highway for all purposes Of travel
| thereon.
Seeds The viewers in making the special
assessments for benefits shall proceed by classi-
Tying the lands in the proposed sub drainage dis
trict IN tracts OF forty acres more or less, accord
ing TO the legal or recognized subdivisions on o
| graduated scale, to be numbered according to the
| benefits to be received bv the contemplated
work. and whenever any railroad or public high
way is benefited such benefit shall be assessed
! to the same upon the same scale as lands are
sessed as near as practicable. The tracts OF
| lands which will receive the most and about
| equal benefits shall be numbered one hundred
| 600, and such as all adjudge to receive less
benefits shall be marked with a less Der. de-
| noting its per cent of benefits This classical
| Jiou, when established as hereinafter provided,
| shall remain as basis for such assessments as
| may be Leeded for the lawful and proper uses of
| such SUBJ drainage district. When such classiti-
| cation is completed it shall be properly tabu-
| lated and shown by map which tabulation and
map SHALL be made a part OF the viewers report,
| hereinafter provldeI for.
| SEC 49, Every person or persons or corpora
| ton owning lands over or upon which any drain
or drains, ditch or bitches, embankmenJ or EN-
bapkmenIs shall be constructed under the pro-
| visions OF this act shall be allowed adequate
| damages and compensation for the taking Of the
| lands upon which such drain or drains, ditch or
| bitches, embankmenG or entertainments are To-
Gated, and for the Injuries to such lands caused
| thereby; and the board OF county commission
| ers of the county in which SUI h lands are stu
ated shall order such damages to be paid out of
| the county treasury to the person or persons or
| corporation entitled thereto, and the amount of
| damages to which they entitled shall be
| specified by said viewers in their report to the
| board OF drainage commissioners as herein pro-
| vided; aud the county shall be reimbursed for
| such payment out Of the drainage fund of the
| sub drainage district for and on account of
which such damages and compensation are paid.
| SEC. 20. 1t shall be the duty of said viewers
| to perform the duties enjoined upon them by
| this act with all convenient speed and diligence,
| and within fifteen I'D days alter the completion
thereof to make and file full report Of all their
| proceedings under their appointment, verified
| upon their oaths with the clerk OF the drainage
| district IT said viewers report in favor of the
| proposed work, and that the same is OF public
| benefit and utility and conducive to the public
| health; such report shall contain an accurate
map or plat of the proposed work, showing the
| Ines thereof. and the stakes and monuments
| along the same, the width of the strip of land
| along the line of each drain, ditch or e;nbank-
| ment necessary to be taken and used in the con-
| struction of such drain, ditch or embankmen1;
! computation of the number of cubic yards of
| earth TO be excavated and removed upon each
one hundred feet as shown by said stakes and
| monuments from such drain or drains, ditch or
| bitches and the number Of cubic yards of earth
| to be used upon each one hundred feet as shown
| by such stakes and monuments in raising such
embaukment embankmants and the total
number of cubic yards Of earth TO be excayaJed
and removed to complete the whole of the
proposed work, and a detailed estimate
| of tue cost of the whole work.
| Said report shall also contain an accurate de-